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RAJIV SAHAI ENDLAW, AMIT BANSAL
C. & C Constructions Ltd – Appellant
Versus
Ircon International Ltd – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - CM No.8193/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
FAO(OS) (COMM) No.36/2021
3. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the JUDGMENT dated 15th December, 2020 of the Commercial Division of this Court of dismissal of application of the appellant under Section 34 of the said Act.
4. The application under Section 34 of the Act, being OMP(COMM) No.566/2020, was filed with respect to arbitral award dated 21st December, 2019 (of three Arbitrators, with the appellant and the respondent having nominated one Arbitrator each and the third Arbitrator having been appointed by this Court) of dismissal, in exercise of powers under Section 16 of the Act, of all the claims of the appellant.
5. It is the contention of the counsel for the appellant that the Arbitral Tribunal, on an application under Section 16 of the Act having been preferred by the respondent, has summarily dismissed all the 15 monetary claims for recovery of compensation/damages, of the appellant against the respondent, with respect to the Contract for 'Construction of Road Over Br
The scope of interference with the Arbitral Award under Section 37 is narrower and more limited than under Section 34.
The court upheld the finality of the arbitral award, emphasizing limited grounds for interference under Section 37 of the Arbitration and Conciliation Act, reaffirming that claims barred by contract ....
The enforceability of limitation clauses in contracts is valid, and parties are bound by prior agreements regarding damage claims, reinforcing their contractual obligations.
A deleted contractual clause cannot be automatically revived upon extension of the contract; explicit agreement is required for revival.
Clauses in contracts that prohibit claims for damages are against public policy and void under Section 23 of the Indian Contract Act, 1872, as they undermine the sanctity of contracts.
The main legal point established in the judgment is the limited scope of interference under Section 37 of the Arbitration and Conciliation Act, 1996, and the importance of interpreting the contract a....
The court established that the timeline for invoking arbitration under the General Condition of Contract is critical and that the arbitrator's jurisdiction is determined by the latest relevant decisi....
The court affirmed that the scope of interference under Section 34 of the Arbitration and Conciliation Act is limited, and an arbitral award can only be set aside on specific grounds, not on broader ....
Point of Law : Powers of the court U/S. 34 is limited and courts should not expand their own powers granted by the statute. Any such attempts by the courts while exercising their powers under S.34 of....
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